Summary: We will not investigate Mr X’s complaint about the Council’s refusal to adopt the road outside his property. The courts are better placed to consider this complaint.

The complaint

1. Mr X complained the Council has refused to adopt the road outside his property and to compete required external works.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X purchased a property on a new build housing development in 2020. Shortly afterwards, the housing developer went out of business. The developer did not complete planned external works, for example surfacing the road outside Mr X’s house, levelling the footpaths and installing streetlights before it went into administration.
7. Mr X asked the Council to adopt the road and complete the required external works.
8. In its response to Mr X, the Council said it would not agree to adopt the road as the road was not at the standard required for adoption. It said the road remained in private ownership and the liability for completing the work required to bring it up to standard remained with the developer. It said as the developer had gone into administration, it was for the property owners fronting the highway to bring the road up to an adoptable standard. If they did so, the Council would complete the adoption process.
9. We will not investigate this complaint. We cannot resolve a dispute about who is liable for completing the required external works and the costs of these works. We could also not require the Council to adopt the road. Only a court can resolve a dispute about liability and so is better placed to consider this complaint.

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Final decision

10. We will not investigate Mr X’s complaint because the courts are better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman